The Impressive TimesNew Delhi, April 2, 2024: Chief Justice of India (CJI) DY Chandrachud on Monday praised the new criminal laws aimed at digitising criminal procedure and said they were a ‘significant step’ towards modernising the country’s justice system.
Speaking on the occasion of the Raising Day of the Central Bureau of Investigation (CBI), CJI Chandrachud said, “The new criminal laws enacted by the Parliament encompass substantive crime, procedure and evidence, and are aimed at digitising various aspects of criminal procedure.”
The CJI was delivering the 20th DP Kohli Memorial Lecture on the topic “Adopting Technology to Advance Criminal Justice.”
Highlights of the Chief Justice Chandrachud’s speech:
– From the initial registration of a First Information Report (FIR) to the final delivery of judgment, every stage of a criminal investigation is slated to be recorded digitally under the purview of the proposed legislation.
– This comprehensive approach ensures a seamless flow of information and is intended to facilitate better coordination and collaboration among stakeholders involved in the investigative and adjudicatory processes.
– Summonses can now be issued electronically, and testimonies from witnesses, experts, accused individuals, and other parties may also be presented virtually.
– This innovation eliminates the need for physical documentation and enables swift communication between law enforcement agencies, courts, and individuals involved in legal proceedings.
– The new criminal laws will obviate the delay in bail orders reaching the jail authorities and in recording witness depositions.
– The authorisation for presenting testimonies virtually opens up new avenues for participation in legal proceedings, allowing contributions to the process from remote locations.
– Instances of raids and confiscation of personal devices highlight the need to strike a balance between investigative imperatives and individual privacy rights.
The CJI also referred to Section 94 of the newly enacted Bharatiya Nagarik Suraksha Sanhita 2023 and Section 185 of the Bharatiya Sakshya Adhiniyam 2023, which grant courts and law enforcement the authority to summon documents and materials, including digital evidence deemed necessary for investigation.
Chief Justice Chandrachud said the need of the hour was to recognise the complexity of CBI prosecutions and leverage technology to avoid delays. He said a multi-pronged approach must be adopted to integrate technology with court procedures to obviate the delays caused in CBI prosecutions.
This would ensure that the severity of the accusation coupled with excessive delays in CBI courts do not translate to a presumption of guilt.
On the use of Artificial Intelligence (AI), the CJI said that it stood out as a game-changer in revolutionising criminal investigations and that by leveraging AI algorithms, law enforcement agencies like the CBI can analyse vast amounts of data rapidly, identifying trends, anomalies, and potential leads with unprecedented accuracy.
According to the CJI, AI aids in the de-complexification of crimes, breaking down intricate cases into manageable components for analysis and resolution.
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